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(영문) 대구지방법원 2017.11.23 2017고단4037

특정범죄가중처벌등에관한법률위반(도주치사)등

Text

A defendant shall be punished by imprisonment for not less than four years and six months.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of C1 ton cargo vehicles.

On July 3, 2017, the Defendant, while under the influence of alcohol 0.141% during blood transfusions, operated the said cargo vehicle with a 20-lane of national highways 430, which was 430, Cheongdo-ro, Pungdo-ro, Pungdo-ro, Gungdo-ro, Gungdo-ro, Pung-do-ro, on the same surface, from Pungri-ri, Pungri-do-ro.

In this case, it was difficult for a village to take part in the first line national highways of neighboring routes at night. In such a case, the driver of the motor vehicle had a duty of care to check whether there is a pedestrian by properly keeping the tea while keeping the tea well and by safely manipulating the brakes and steering gear, thereby preventing accidents.

Nevertheless, the Defendant neglected to do so and did not keep the front line while under the influence of alcohol and did not keep it well, and received the body of the victim D (W, 55 years old) who walked along the right side of the road in the direction of the proceeding as it is by negligence and did not keep it in the right side of the Defendant’s vehicle.

Ultimately, even though the Defendant suffered from an injury to a cage cage cage cage at the number of medical treatment days due to the above occupational negligence, the Defendant immediately stopped and escaped without taking necessary measures, such as aiding the victim, and caused the victim’s death by closing a weapon or closing a cage at around 22:30 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Statement of the circumstances of the driver involved in driving;

1. A traffic accident analysis and appraisal report;

1. Each investigation report (with respect to the specification of a vehicle as a driver of the vehicle in the front of the second accident, hearing of the witness F-party telephone statement about the damage of the vehicle, and hearing of the accident scene of the vehicle in the front of the accident, hearing of the driver of the vehicle in the front of the accident scene and the members of the 119 first aid services provider, concerning the presumed time of the accident, hearing of the witness E-line statement from the witness, and hearing of the witness D-line statement about the accident scene.